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2021 Supreme(All) 1213

RAVI NATH TILHARI
Ram Lal – Appellant
Versus
Deputy Director of Consolidation, Sultanpur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Prabhat Kumar, Vinod Kumar
For the Respondent: C.S.C., Ajay Pratap Singh 'Vatsa'

JUDGMENT :

1. Heard Sri Prabhat Kumar, learned counsel for the petitioner and Sri Ajay Pratap Singh ‘Vatsa’, learned counsel for the opposite party No. 2 and Dr. Krishna Singh, learned Standing Counsel for the State.

2. This petition has been filed challenging the order dated 04.08.2021 passed by the Deputy Director of Consolidation, Sultanpur in Revision No. 1171, Ram Keval Vs. Ram Lal, Annexure No. 1 to the petition.

3. In the consolidation proceedings, the Consolidation Officer passed an order dated 04.05.1983 on the basis of some compromise said to be between the parties or their predecessor. Ram Sumer, grand father of the petitioner never challenged the order dated 04.05.1983, during his life time. On his death, the petitioner was mutated on 2.1.1994, in place of Ram Sumer as the name of Ram Sumer had continued in the revenue records. The petitioner’s father had pre-decreed Ram Sumer. Later on, in the proceedings under Rule 109A of the U.P. Consolidation of Holdings Act, 1954 the order dated 04.05.1983 was implemented, and the name of the petitioner was deleted. The petitioner filed appeal before 25.03.2021, after about 38 years of the order dated 04.05.1983 with the prayer for c

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